Australians lose more money to gambling per capita than any other country in the world. With the rise of online betting apps and aggressive marketing tactics, more people are falling victim to gambling addiction. Some people, including our clients, are fighting back through the courts.
While the law has traditionally favoured a “gamble at your own risk” approach, recent cases have shown that it is possible, in some circumstances, to bring a legal claim against gambling companies in Australia.
When Can You Sue a Gambling Company?
In Australia, gambling operators are heavily regulated, but that doesn’t mean they’re always acting responsibly. In some circumstances, you may be able to bring a legal claim against a gambling company if:
- They engaged in unconscionable conduct (for example, took advantage of you knowing you were vulnerable)
- They ignored red flags indicating you had a gambling problem
- They used aggressive tactics to encourage ongoing gambling, such as bonuses, personal contact, or direct messages
- They failed to comply with responsible gambling obligations set out in consumer or state-based laws
Under the Australian Consumer Law, provisions dealing with unconscionable conduct (such as section 21 in relation to certain business conduct) prohibit businesses from acting in a way that is harsh or oppressive, especially when dealing with customers in vulnerable situations.
Real Case: Client Recovers Losses from Betting Operators
O’Brien Criminal and Civil Solicitors recently acted for a client who lost tens of thousands in just two months. Despite clear signs of a gambling addiction, two gambling companies allegedly continued to encourage the client to bet through targeted promotions and contact.
A letter of demand was sent alleging unconscionable conduct under the Australian Consumer Law. Our civil lawyers resolved the matter privately, with the client recovering a significant portion of their losses. This is just one example of how, in the right circumstances, betting operators can be held to account for unfair conduct.
Read the full Case Study.
*Details have been changed to protect our client’s privacy.
What Does “Unconscionable Conduct” Mean?
In legal terms, unconscionable conduct refers to behaviour that is so harsh, unfair, or predatory that it goes against good conscience. Courts look at factors such as:
- Whether one party was at a special disadvantage (for example, addiction)
- Whether the company knew, or should have known, about that vulnerability
- Whether they exploited that situation for profit
Gambling companies that continue to promote bets to someone who is clearly in crisis may be exposed to legal claims under this principle, depending on the evidence and the specific facts of the case.
Taking the First Step: What to Do if You’ve Been Harmed
If you’ve suffered financial harm due to a gambling addiction, especially if a betting company kept pushing you to continue, it’s worth speaking to a solicitor.
A lawyer can assess your situation and advise whether you may have a claim. You don’t need to have gone to court or suffered extremely large losses before getting advice, even more modest losses may justify a claim in some situations if the conduct was unfair and the claim is economically viable.
If you or someone you know is struggling with gambling, free support is available through the National Gambling Helpline on 1800 858 858.
Talk to Our Lawyers About Suing Gambling Company
Our team at O’Brien Criminal and Civil Solicitors has experience running compensation claims for victims of alleged unconscionable gambling practices. The impact is not only financial; it can be emotional and mental as well, and tailored legal advice can make a real difference.
Call (02) 9261 4281
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